Skip to comments.European court ruling creates ‘right to eugenics’
Posted on 09/01/2012 12:38:57 PM PDT by wagglebee
BRUSSELS, August 31, 2012, (LifeSiteNews.com) Legal experts are expressing their concerns over the decision of the European Court of Human Rights this month that Italys law against eugenic screening of embryos conceived by in vitro fertilization must be overturned. The Strasbourg-based court said that Italys prohibition of pre-implantation genetic diagnosis (PGD) was incoherent in the face of existing laws allowing abortion for eugenic purposes. It awarded a couple who had chosen to abort their child, who was diagnosed with cystic fibrosis, 15,000 Euros.
Italian commentators have pointed out that the courts ruling shows a predisposition to accept eugenic abortion as the default legal position. The court, said Rome-based biologist and ethicist Enzo Pennetta, revealed its presumptive bias by ruling that the conflict must be resolved by changing the IVF law to coincide with the abortion law, not the other way around.
The European Centre for Law and Justice intervened in the case as an amicus curiae brief and submitted written observations. Gregor Puppinck, the head of the ECLJ wrote that the court had created a new right out of whole cloth.
The court said that the wish to have a healthy child constitutes an aspect of their private and family life and comes under the protection of Article 8 of the European Convention on Human Rights. Therefore the law prohibiting PGD gives the applicants the status of victims and infringes their rightswhich, for the ECHR, includes a right to give birth to a child who does not suffer from the disease they are carriers of.
In plain language, Puppinck wrote, this means that the court has declared that the wish to have a child free from the disease constitutes a right, which imposes obligations to the State.
Identifying a wish with a right reveals a conception of human rights as a projection of the individual will in the social order, Puppinck added. The ruling effectively creates a right not to transmit bad genes, a right to eugenics.
Moreover, he said, the ruling vastly oversteps the statutory limits of the ECHRs jurisdiction. By claiming that the case rests upon the incoherence of two contradictory domestic laws, neither of which contravene the Convention, the control of the European Court thus goes very far.
The matter, however, may not be settled, and the ECLJ is asking that the case be referred to the next stage of the Grand Chamber.
In another case before the ECHR, a Latvian mother of a child with Down syndrome is arguing that her rights were violated when she was not offered genetic screening to help her decide whether to abort her daughter. ECLJ said in its submission to the court that the question behind the complaint is, Does the Convention guarantee a right to eugenics for parents, and in particular to the procedure of prenatal screening-elimination of sick or disabled fetuses? If so, does the State have a positive obligation in this regard?
The ECLJ hosted a meeting of disability organisations in June, which issued a declaration stating that eugenics is not a human right. The meeting, Puppinck said, was intended to raise the awareness of institutions about the eugenic current of European society..\
Puppinck told CNS News, People with disabilities, like other categories of people in other times, today have an obligation to demonstrate their humanity in order to enjoy the protection of human rights.
Following the meeting, Italian legislator Luca Volonte brought forward a motion for a resolution, Combating eugenics and discrimination against people with disabilities, in the Parliamentary Assembly of the Council of Europe (PACE). The motion says that people with disabilities are still experiencing discrimination in their daily lives, they are perceived and treated differently, being considered as inferior. Particularly people with genetic disabilities, like Down syndrome, suffer from a resurgence of a eugenic ideology, which considers their very existence as a medical error.
Eugenics is a reality in countries where prenatal screening has become systematic, in turn leading to the stigmatization of persons with genetic disability and their families, in particular those with Down syndrome.
The motion proposes that the PACE adopt as policy the affirmation that every human being has the inherent right to life and to ensure its effective enjoyment by persons with disabilities on an equal basis with others, as required, inter alia, by the Convention on the Rights of Persons with Disabilities.
The PACE will discuss the motion in the upcoming months, and according to the normal protocols will designate a Rapporteur in charge of drafting a comprehensive report on the issue, and eventually vote a Resolution and a Recommendation.
Eugenics has been one of the left's principle motivations for a hundred and fifty years.
This was the policy of the dude who last tried to build a European Union, as I recall.
Freepmail wagglebee to subscribe or unsubscribe from the moral absolutes ping list.
This is one of the most Dangerous Ideas man has EVER come up with.
Everyone either supported these Ideas or simply ignored it until it was too late.
Why Do We Have to Repeat the Same Mistakes OVER and OVER?!?!
Hitler would be proud
Why did we bother fighting the NAZIs?
At the rate we’re going in America it won’t be long before we see it here.
I think we are much closer than we think.
Life, liberty and the pursuit and destruction of totalitarians...foreign and domestic.
“At the rate were going in America it wont be long before we see it here.”
We’ve been aborting less-than-perfect babies in America for years, ever since the development of detection techniques for Downs Syndrome and other conditions.
Babies are also routinely aborted for no other reason than an IVF or fertility drug mom wanted a single and got twins.
Embryos are routinely screened for genetic imperfection before IVF implantation. “Bad” embryos are “culled,” just like cattle.
We do exactly what the Europeans do, and then some.